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(영문) 부산지방법원서부지원 2017.10.13 2017가단100947

토지인도

Text

1. The Defendants are to the Plaintiff:

A. The Gangseo-gu Busan Metropolitan City miscellaneous land is 525 square meters and 525 square meters of Busan Gangseo-gu D miscellaneous land, respectively.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) Defendant A’s land on two lots is 525 square meters in Gangseo-gu Busan Metropolitan City, and 525 square meters in D miscellaneous land (hereinafter “instant land”).

(2) On board each point of (1), the part of the building (1), which connects each point of (1), 2, 3, 4, 7, 6, 6, and 1 in sequence with each point of (1), 264.42 square meters, 5, 6, 7, 8, and 5, which are located on the ground of the land, is 10.60 square meters, 13, 14, 15, 16, and 13 of toilets, each part of the building (3) which connects each point of (1), 264.82 square meters, 5, 6, 7, 8, and 5, in sequence, with each point of (2) the section (10.60 square meters, 9, 10, 11, 12, and 9, which is located on the ground of the land.

(2) The Plaintiff and Defendant A entered into a compensation consultation agreement on the instant land, buildings, and obstacles in accordance with Article 17 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects as of December 14, 2015, as the instant land was added to the land for the East Sea-Masan Publicity Project implemented by the Plaintiff, and the Plaintiff completed the registration of ownership transfer on the instant land and buildings on December 18, 2015 due to the acquisition of public land by agreement on December 18, 2015.

3) Defendant A occupies the land and buildings of this case while operating the business entity called “E”, and Defendant B Co., Ltd. (hereinafter “Defendant Company”)

F, the representative director, is the husband of Defendant A.

) Also, the building of this case is also used as manufacturing factory, warehouse, etc. [based on recognition]; there is no dispute; Gap evidence 1 to 7 (if any)

B. According to the above facts of recognition, the defendants who possess the land and buildings of this case are obligated to deliver the land and buildings of this case to the plaintiff who is the owner of the land and buildings of this case.

2. As to the assertion of the Defendant Company, the Defendant Company entered into an indemnity agreement with the Plaintiff and the Defendant A.